Personal Injury Lawyers: Types of OSHA Workplace Investigations

What Types of Investigations Does OSHA Conduct Following a Workplace Injury or Fatality?

The Occupational Safety and Health Administration (OSHA) is a federal agency established in 1971 by the Occupational Safety and Health Act. OSHA aims to ensure that American workers have a safe and healthy workplace by developing and implementing workplace safety policies. Under the Occupational Safety and Health Act, all employers must provide their employees a workplace that is free from known dangers, and where dangerous work conditions are suspected or a workplace injury has occurred, OSHA may inspect the workplace or investigate the cause of the accident. OSHA uses the findings of their inspections and investigations to provide recommendations to the employer and prescribe new industry regulations.

It is important to note that federal law prevents your employer from punishing you for reporting a dangerous workplace condition to OSHA and that you may submit your request for an inspection or investigation anonymously. Suppose you suspect that you were injured because your workplace was unsafe. In that case, you will likely benefit from the counsel and guidance provided by an attorney familiar with workplace injuries like those at Our Law Office, as an independent investigation is usually necessary for you to recover from your injuries fully.

Occupational Safety and Health Administration Inspections

Suppose you suspect that your workplace has failed to take adequate safety precautions to protect you from hazardous materials or that it is not safety compliant. In that case, you or your attorney can file an anonymous complaint with OSHA, which will trigger an investigation of the worksite. During the inspection, you and/or your attorney may attend and privately voice your concerns with the OSHA investigator. If violations of regulations are found during the investigation, the inspector will normally issue a citation in addition to identifying regulations that have been violated.

Occupational Safety and Health Administration Investigations

If you’ve been injured in an accident at your workplace, you or your attorney may contact OSHA to have the cause of the accident investigated. OSHA routinely investigates accidents that result in all kinds of bodily injury, death, or are caused by a catastrophe. OSHA may utilize a variety of equipment and experts while investigating the cause of your injuries,s including advanced industry-specific technology and accident reconstruction experts. However, it’s important for you to know that OSHA’s primary purpose is to make your workplace safe, not to ensure that you are compensated for your injuries. Thus, if you’ve been injured at your workplace, you should quickly retain an experienced personal injury attorney with the resources to conduct an independent investigation to gather the evidence necessary to secure compensation for your injuries.

First, OSHA can investigate your employer for injuries resulting from its implementation of improper operating procedures or for not providing operating procedures for dangerous activities. Improper operating procedures involve requiring and providing employees with proper personal safety equipment and keeping the work area free from all known and foreseeable safety hazards.

Second, OSHA can investigate your employer for injuries resulting from your employer’s failure to purchase or maintain equipment that is designed to be safe and to maintain structures that are safe to occupy while you work. Injuries resulting from your employer’s failure to obtain and maintain safe equipment include injuries when the equipment malfunctions or when a structure collapses on you while you work.

Third, OSHA can investigate your employer for injuries resulting from their failure to maintain a worksite that was safe to endure environmental conditions. For example, if your injuries are attributable to exposure to heavy rains, strong winds, or excessive heat or coldness (dehydration or frostbite).

You Need a Smart, Experienced Attorney on Your Side if You’ve Been Injured at the Workplace

Suppose you’ve been injured on the job and suspect that your employer’s actions or failure to act caused your injuries by creating an unsafe workplace. In that case, your claims against your employer will likely benefit from retaining an experienced personal injury attorney. You should be aware that OSHA is a governmental agency that represents the public as a whole, and not necessarily your individual needs and rights.

To ensure that your rights are fully represented, you need a strong advocate to be your voice in recovering from injuries that resulted from an accident that happened at your workplace. The attorneys at Our Law Office has over 20 years of experience in representing victims of workplace accidents and are available any time to provide a free consultation regarding your workplace injuries.